2009 (4) TMI 21 - HC - Income Tax

Search - block period - Addition made as undisclosed investment for acquiring development rights - onus of proving that such payment had not been made was on Revenue which had not been discharged tribunal is justified in holding that amount paid has to be deducted even if provisions of section 69C are attracted in respect of addition on account of cash credits these were based on entries recorded in Regular Books of Account so they can be considered only in regular assessment

Issues Involved:
1. Deletion of addition of Rs. 20.55 crores as undisclosed investment.
2. Taxation of transaction under Section 69C vs. Section 69B.
3. Deduction of undisclosed income under Section 37.
4. Deletion of additions of Rs. 99.50 lacs and Rs. 4.00 lacs as unexplained credits.
5. Deletion of additions of Rs. 1.5 crores, Rs. 70 lacs, and Rs. 4.51 crores.

Issue-Wise Detailed Analysis:

1. Deletion of Addition of Rs. 20.55 Crores as Undisclosed Investment:
The Assessing Officer (AO) claimed that the assessee company made an unexplained investment for acquiring land in Shela village, based on seized documents indicating a transaction involving 11 lacs sq. yds. of land. The AO computed the investment at Rs. 25,10,80,000/- but reduced it to Rs. 20.55 crores after considering Rs. 12.80 crores already disclosed by the assessee. The Tribunal, however, concluded that the investment was only Rs. 12.80 crores for 7 lacs sq. yds. of land, based on the seized documents and the statement of the company's managing director. The Tribunal's decision was upheld as it was based on a reasonable interpretation of the evidence, and no substantial question of law was found.

2. Taxation of Transaction under Section 69C vs. Section 69B:
The AO added the investment under Section 69B, which deals with unexplained investments. The Tribunal, however, held that it should be taxed under Section 69C, which pertains to unexplained expenditure, and allowed a corresponding deduction under Section 37. The Tribunal's decision was upheld, as the revenue failed to provide evidence that the payment differed from the claimed Rs. 12.80 crores. The court found no infirmity in the Tribunal's order, noting that the proviso to Section 69C, effective from 1.4.1999, was not applicable in this case.

3. Deduction of Undisclosed Income under Section 37:
The Tribunal allowed the deduction of Rs. 12.80 crores paid for acquiring development rights under Section 37, even though the amount was taxed under Section 69C. The court upheld this decision, stating that the revenue did not dispute the acquisition of development rights, and there was no evidence to suggest that the payment was not made. The court also clarified that the Act does not envisage taxing any income under a head not specified in Section 14.

4. Deletion of Additions of Rs. 99.50 Lacs and Rs. 4.00 Lacs as Unexplained Credits:
The AO added these amounts under Section 68 as unexplained credits, based on the finding that the allotment letters were issued to fictitious persons. The Tribunal deleted these additions, stating that the amounts were recorded in the regular books of account and should be considered in regular assessment proceedings. The court upheld the Tribunal's decision, aligning it with the judgment in N.R. Paper and Board Ltd. and others.

5. Deletion of Additions of Rs. 1.5 Crores, Rs. 70 Lacs, and Rs. 4.51 Crores:
The AO added these amounts based on entries in a parallel balance sheet found in the seized documents. The Tribunal found that these were projected budgetary figures and not actual transactions, and deleted the additions. The court upheld the Tribunal's decision, noting that there was no evidence to indicate that actual transactions had taken place.

Conclusion:
The court dismissed the appeal, affirming the Tribunal's decisions on all counts. The court found no substantial question of law and determined that the Tribunal's findings were based on reasonable interpretations of the evidence. The proceedings before the Settlement Commission were deemed irrelevant to the correctness of the Tribunal's order.

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